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whats the point in sueing someone?

You have to collect the money. Why cant the judge force money from the other persons bank account or something?

7 Answers

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  • 6 years ago

    Here's the history lesson. It used to be that people could be jailed for not being able to pay their debts. These were called "debtors prisons."

    Then, there came the liberal idea that we shouldn't punish people for being poor or for refusing to pay debts. So, debtors prisons were abolished and refusing to pay a debt (with the exception of debts to the government, itself) would not be a crime. This make it impossible for a judge to order someone to pay on a lost judgement, as the judge would have no way to enforce.

    Thus, it is up to the creditor/winner to collect on their own. About the only weapon one has is being able to affect someone's credit rating. Garnishment of wages is an option on in very specific cases, and it doesn't help when the person that owes either doesn't work or works "under the table."

  • Clive
    Lv 7
    6 years ago

    The first rule of suing is not to do it to anyone who can't pay.

    If they can but refuse to pay, then with a court judgement in existence, the court can order further measures to try and make them pay. It is up to you to apply to court for these remedies. One possibility is garnishment of wages - it is taken by instalments from their pay. So yes, there ARE things you can do.

    Another one here in the UK is engaging bailiffs, who can visit with a view to getting payment or seizing property to be auctioned to cover the debt.

    In England, county court bailiffs have to give notice of a visit but you can escalate the debt to the High Court by applying for a writ of fieri facias. This gets High Court enforcement officers involved and they can turn up without notice. Often they turn up in the early morning at the sort of time when most of us are getting ready for work, so the person is likely to be in, and they won't go away with at least some kind of satisfactory answer. Which even if the officers end up leaving with nothing, will at least have given the other person a satisfactorily annoying start to their day :)

    Another thing, and this is again British experience, is that just the act of suing makes the other person wake up and realise you're actually serious. Over 90% of British civil cases never get to court because of this. A court judgement against you for debt will not do your credit rating any good.

  • ?
    Lv 4
    6 years ago

    It's your job to pursue all the required legal measures which in sum will amount to forcing the money out of their account. Wage/tax garnishment, liens, ect.

  • 6 years ago

    That is not the judge 's job. That is the lawyer 's job. If the loser does not pay you, ask your lawyer to garnishee his bank account.

    Source(s): Certified Paralegal, with 25+ years' experience.
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  • wizjp
    Lv 7
    6 years ago

    Depends on the judgment and the situation. Sometimes they do.

    But most of the time, you can't get blood from a stone.

  • There are ways a judge can do something like that, to ensure payment.

  • 6 years ago

    Judges can do that.

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